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Task orders issued under a subcontract are critical tools for defining specific work to be performed. A well-drafted task order ensures clarity, minimizes disputes, and aligns expectations between the contractor and subcontractor. A poorly drafted task order can lead to disputes, delays, or unexpected costs. This post explores the essential areas a...

Government contracting can be a lucrative opportunity for small businesses, but breaking into the federal marketplace often comes with steep challenges. From navigating complex procurement processes to demonstrating past performance and securing necessary resources, many small firms find themselves at a disadvantage against larger, more established competitors. One powerful strategy to overcome...

Unusually severe weather can wreak havoc on federal government projects, causing delays and driving up costs for contractors. However, under standard federal contract clauses, contractors are typically limited to time extensions rather than financial compensation for weather-related disruptions. In this blog post, our firm explores the legal framework governing such claims, key...

In federal government contracting, contractors seeking adjustments to contract terms or compensation due to unforeseen issues, such as delays or cost overruns, have two primary avenues: submitting a Request for Equitable Adjustment (REA) or filing a claim under the Contract Disputes Act (CDA). While both mechanisms aim to address disputes, they differ...

As an organization receiving federal grants, you operate in a high-stakes environment where compliance is essential. Federal grant requirements, governed by regulations like the Uniform Guidance (2 CFR Part 200) and agency-specific rules, demand rigorous adherence to meet funding requirements, avoid penalties, and maintain eligibility for future awards. As a lawyer, I...

Government contractors must successfully navigate a complex, highly regulated, and dynamic environment. Federal Acquisition Regulation (FAR) 52.203-13, Contractor Code of Business Ethics and Conduct, is more than just another FAR clause. It offers a useful roadmap for achieving success as a contractor, for large and small businesses alike. It encourages ethical business...

When the U.S. government issues a solicitation for federal contracts, the assigned North American Industry Classification System (NAICS) code determines which businesses qualify as "small" and can compete for set-aside procurements. An incorrect NAICS code can exclude qualified small businesses from bidding, making it critical to challenge improper designations. This blog post...

In government contracting, proper cost classification and allocation are critical to ensuring compliance with federal regulations, avoiding audit findings, and maintaining financial integrity. The Federal Acquisition Regulation (FAR) and Defense Contract Audit Agency (DCAA) provide stringent guidelines for managing costs under various cost-type contracts. Missteps in cost allocation can lead to disallowed...

California's procurement process for consulting and services contracts requires transparency and fairness, but irregularities can undermine the award process. Filing a bid protest is a key mechanism to challenge such flaws. This article discusses California bid protest procedures for consulting and services contracts awarded through Requests for Proposals (RFPs), covering viable protest...

The Federal Acquisition Regulation (FAR) and its supplements are complex, but staying compliant is essential. Compliance doesn't have to be overwhelming. This article provides a practical three-step framework – Understand the Requirements, Build a Plan, and Track Your Progress – to keep your contracts and subcontracts on the right path, with special...

When bidding on federal contracts, one of the key factors agencies often evaluate is an offeror's past performance. But what happens if your business is new or lacks a performance history? Can you rely on the experience of predecessor companies, key personnel, or subcontractors? Here's a breakdown of how these evaluations typically work...

Government agencies use the Contractor Performance Assessment Reporting System (CPARS) to assess the performance of contractors working on government projects. These evaluations can significantly affect future contracting opportunities. If you disagree with a CPARS evaluation, you can challenge it. Here's a breakdown of the process, including what factors are...